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The most important change between workers’ comp and FELA is that since FELA is a fault based system, the railroad knows this, they get their claims people investigating any injury immediately. They get their lawyers working on the case immediately. They have their nurses contacting injured people’s doctors immediately. So to level the playing field, an injured worker really ought to get someone on their side to protect their interest.
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Saint Paul railroad employee injury attorney William Jungbauer discusses the fault based system of the FELA.